The right to protest and the limits of police power, Pg10

Key Highlights:

• On July 20, people gathered at Jantar Mantar in central Delhi for the Cockroach Janta Party’s (CJP) “Chalo Sansad” march, demanding reforms in the National Testing Agency (NTA) and the resignation of the Union Education Minister.
• The demonstration escalated into clashes, with police using tear gas and lathi charges to disperse protesters attempting to march towards Parliament.
• Delhi Police stated that the CJP had not sought permission for a procession to Parliament and cited prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• The Delhi High Court has sought responses from the Centre and Delhi Police regarding petitions alleging police brutality and excessive force during the incident.

Detailed Insights:

• The right to assemble peacefully is guaranteed under Article 19(1)(b) of the Indian Constitution, subject to reasonable restrictions under Article 19(3).
• Restrictions on protests can be imposed in the interests of public order, sovereignty, and integrity of India.
• Under the Bharatiya Nyaya Sanhita (BNS), an assembly of five or more persons becomes unlawful if its common object involves criminal force, resisting law, or committing an offense.
• The National Human Rights Commission’s Manual on Human Rights for Police Officers emphasizes democratic policing and respect for human rights.
• Police action must adhere to principles of being lawful, necessary, and proportionate, consistent with UN Basic Principles on the Use of Force and Firearms.
• The BNSS allows an Executive Magistrate or authorized police officer to order dispersal of an unlawful assembly, using force if necessary.
• The Code of Conduct for the Police in India mandates using minimum force and prioritizing persuasion, advice, and warning.
• The BNSS requires police officers making arrests to have visible identification, but not necessarily for crowd control.
• The Supreme Court, in cases like Anita Thakur v. State of Jammu & Kashmir (2016), has ruled against excessive force and awarded compensation for fundamental rights violations.
• In Mazdoor Kisan Shakti Sangathan v. Union of India (2018), the Supreme Court affirmed that authorities can regulate but not extinguish the right to protest.
• The court also stated in Amit Sahni v. Commissioner of Police (2020) that dissent is a constitutional right but cannot lead to indefinite occupation of public spaces.

Key Concepts Involved:

• Article 19(1)(b): Constitutional right guaranteeing citizens the freedom to assemble peacefully and without arms.
• Reasonable Restrictions: Limitations imposed on fundamental rights in the interest of public order, sovereignty, or morality.
• Unlawful Assembly: A gathering of five or more people with a common object that is illegal or involves criminal force.
• Lathi Charge: A method of crowd control where police use batons (lathis) to disperse protesters.